How will traffic police stop orders be regulated from September 15, 2023? - Reader Van Trang
 |
Latest regulations on traffic police vehicle stopping orders from September 15, 2023
Traffic police's vehicle stop orders are specifically regulated in Article 17 of Circular 32/2023/TT-BCA (effective from September 15, 2023) as follows:
(1) Traffic police's command to stop a vehicle is carried out through one of the following signals or a combination of the following signals:
- Traffic batons, horns, loudspeakers, priority signals of patrol and control vehicles;
- Other signals as prescribed by law, including: signs, markers, barriers.
(2) Command to stop a vehicle when checking at a point on the road, at the Traffic Police Station
- Traffic police officers choose a suitable position, stand at attention, face the vehicle to be controlled, signal the vehicle to stop at a safe distance; hold the traffic baton in their right hand and point at the vehicle to be controlled, at the same time blow the whistle firmly, instructing the driver of the vehicle to be controlled to stop at a suitable, safe position for control;
- When receiving a signal, the driver must reduce speed and stop the vehicle in the position instructed by the traffic police.
(3) Command to stop a vehicle while sitting in a patrol vehicle or mobile control vehicle
- In case the patrol and control vehicle is traveling in the same direction and in front of the vehicle that needs to be controlled:
Traffic police officers hold the traffic baton horizontally to the right or left side of the patrolling and controlling vehicle (depending on the road section and lane in which the vehicle to be controlled is traveling), then raise it vertically, perpendicular to the ground; use the horn, loudspeaker, and give priority signals of the patrolling and controlling vehicle, instructing the driver of the vehicle to be controlled to stop at a suitable and safe location for control. Upon receiving the signal, the driver must reduce speed and stop the vehicle at the location as instructed by the traffic police officer;
- In case the patrol and control vehicle is traveling in the same direction and behind the vehicle that needs to be controlled:
Traffic police officers use loudspeakers to broadcast priority signals of patrolling and controlling vehicles; instruct drivers of vehicles that need to be controlled to stop at appropriate and safe locations for control. If necessary, if safety is ensured, patrolling and controlling vehicles can pass in front of vehicles that need to be controlled and carry out the command to stop the vehicle according to the above regulations. Upon receiving the signal, drivers must reduce speed and stop the vehicle at the location as instructed by traffic police officers.
Cases where traffic police are allowed to stop vehicles for inspection from September 15, 2023
Pursuant to Clause 1, Article 16 of Circular 32/2023/TT-BCA, traffic police officers performing patrol and control duties according to plan are allowed to stop vehicles for control in the following cases:
- Directly detect or through professional technical means and equipment, detect and collect violations of road traffic laws and other violations of laws;
- Implement orders and plans for general control of vehicles to ensure road traffic order and safety and social order; plans for patrolling, controlling and handling violations according to thematic issues to ensure road traffic order and safety and social order issued by competent authorities;
- There is a written request from the Head or Deputy Head of the investigation agency; a written request from a relevant competent authority to stop a vehicle for inspection to serve the work of ensuring security and order; combating and preventing crimes; preventing and combating natural disasters, fires and explosions; preventing and combating epidemics; rescuing and other violations of the law. The written request must specifically state the time, route, vehicle to be stopped for inspection, handling, and participating forces;
- There are reports, reflections, recommendations and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
Requirements when stopping for control
(i) Stopping and controlling vehicles must ensure the following requirements:
- Safe, in accordance with the law, not causing obstruction to traffic activities;
- When stopping a vehicle, it is necessary to carry out control and handle violations (if any) according to regulations.
(ii) When stopping or checking at a point on a traffic route, at a Traffic Police Station, the requirements stated in point (i) and the following requirements must be ensured:
- Place barriers with conical poles or ropes stretched along the road in the road section, lane close to the curb or sidewalk to form an area to ensure traffic order and safety according to the regulations of the Ministry of Public Security on implementing democracy in ensuring traffic order and safety. Based on the actual situation and characteristics of the traffic route, deploy the appropriate length of the barrier to ensure safety;
- The area to ensure traffic order and safety must comply with the provisions of the law on road traffic and other relevant laws; have enough space to arrange and install professional technical equipment and means, control and handle violations; based on the actual situation in the control area and the control topic, traffic police officers can be arranged to guide and regulate traffic and ensure traffic safety.
(iii) When stopping and controlling vehicles on the highway, the requirements stated in points (i) and (ii) and the following requirements must be ensured:
- When controlling at a point, vehicles may only be stopped to control and handle violations at the following locations: Toll station area, starting point, and ending point of the highway;
- When patrolling and controlling mobile vehicles, vehicles may only be stopped in the emergency lane to control and handle violations in the following cases: Detection of serious traffic order and safety violations, with immediate risks of traffic insecurity; coordination in the fight against crime; prevention and control of natural disasters and fires; rescue; reporting, denouncing, and reflecting on illegal acts of people and vehicles traveling on the highway; detection of vehicles stopping or parking improperly on the highway. After resolving the incident, the markers, ropes, and signs must be removed and moved on immediately;
- Place sign number 245a "Slow down" or sign number 245b (for international routes) in front of the Traffic Police Team in the direction of the traffic that needs to be controlled according to the provisions of the road sign law.
Pursuant to: Clauses 2, 3, 4, Article 16, Circular 32/2023/TT-BCA.
Source
Comment (0)